Maintenance Order Passed In Absence Of Affidavit Of Parties' Assets And Liabilities Liable To Be Set Aside: Telangana High Court

The Telangana High Court has reiterated that for deciding a maintenance claim both parties are required to file an affidavit disclosing their respective assets and liabilities, and any order passed in the absence of such affidavit is liable to be set aside.

"As per the directions of the Hon’ble Apex Court, while granting maintenance, the trial Court shall receive the affidavits containing assets and liabilities of both the parties and basing on the same, the trial Court shall decide whether maintenance should be awarded or not. In the present case, the trial Court did not follow the guidelines of the Hon’ble Apex Court. Therefore, the impugned order dated 11.08.2022 is liable to be set aside."

Justice G. Anupama Chakravarty, who has since been transferred to the Patna High Court was hearing a Quash petition filed to set aside the order of interim maintenance for a quantum of INR50,000/- passed by the trial court.

The petitioner/husband contended that the allegations of his wife (the respondent) were made up and furthermore, she was making a living for herself by working as an assistant professor and as such was not entitled for maintenance.

The respondent contended that she was harassed for dowry by her husband and her mother in law, due to which she also gave a certain amount to gold.

Despite the same, when things got out of hand, she was compelled to move out of her marital home and back in with her parents. She further contended that she was not able to maintain herself, due to which she initiated a claim for maintenance before the Trial Court.

She stated that the petitioner herein was working at a high post and was drawing a salary of INR1,20,000/- and was capable of paying the maintenance.

Justice Chakravarty observed that none of the parties had filed any affidavit disclosing their assets as stipulated in the judgement of Rajnesh v. Neha rendered by the Supreme Court and set aside the order passed by the trial court.

"The trial Court, after receiving the affidavits of both the parties with respect to their assets and liabilities, shall consider the said documents and pass appropriate orders within a period of one (01) month from the date of receipt of a copy of this order."

Case no.: CrlP 1489 of 2023

Counsel for petitioner: Ramesh, Senior Counsel representing R.Swarnalatha

Counsel for respondents: S.Ganesh, Assistant Public Prosecutor. V.Yadu Krishna Sainath, counsel representing Ms.K.Kiran Mayee